South African court says marijuana use in private is legal

South African court says marijuana use in private is legal
Members of the African Democratic Change political party sing outside the Constitutional Court in Johannesburg on September 18, 2018, as South Africa's top court is ruling over a law banning cannabis use. (AFP)
Updated 19 September 2018

South African court says marijuana use in private is legal

South African court says marijuana use in private is legal
  • The court also ordered parliament to draft new laws within 24 months to reflect the order
  • Previous court hearings on the emotive issue have drawn protests by those opposed to legalising cannabis, as well as by those in favour of decriminalisation

JOHANNESBURG: South Africa’s top court says adults can use marijuana in private.
The Constitutional Court on Tuesday upheld a provincial court’s ruling in a case involving Gareth Prince, who advocates the decriminalization of the drug.
Prince says cannabis should be regulated in the same way as alcohol and tobacco. Government authorities have said cannabis is harmful and should be illegal.
The top court says an adult can cultivate cannabis in “a private place” as long as it is for personal consumption in private. It says the right to privacy “extends beyond the boundaries of a home.”
The court says it would be up to a police officer to decide if the amount of marijuana in someone’s possession is for personal consumption or dealing.